Wright v. Georgia Southern & F. Ry. Co.

• Decision Date: 16 December 1913
• Parties: WRIGHT et al. v. GEORGIA SOUTHERN & F. RY. CO.
• Court: Florida Supreme Court

63 So. 909

66 Fla. 510

WRIGHT et al. v. GEORGIA SOUTHERN & F. RY. CO.

Florida Supreme Court

December 16, 1913

Error to Circuit Court, Columbia County; Mallory F. Horne, Judge.

Action by Bond M. Wright and another against the Georgia Southern &amp Florida Railway Company, a corporation. Judgment for defendant, and plaintiffs bring error. Affirmed.

Syllabus by the Court

SYLLABUS

A person who insists on riding in a passenger car of a railroad company who has no ticket, and has not paid or offered to pay the regular price of transportation after being givan a reasonable opportunity to do so, is a trespasser, and may under the statute, be ejected by the conductor and servants of the company at any usual stopping place, or near any dwelling, as they may elect, using no more force than is reasonably proper and necessary in so doing.

The only duty a railroad owes a trespasser upon its cars is not to use excessive or unnecessary force or violence in removing him or ejecting him without regard to his safety, or, in other words, to refrain from intentional, willful or wanton injury to him.

A railroad company is not liable for a tortious act of its servant perpetrated on a trespasser, unless the servant is acting within the scope of his authority or employment, or by special authority.

Where the relation of passenger and carrier exists, a stringent rule of liability for the tortious acts of the latter's agents prevails. A passenger is entitled to protection against violence, abuse, or an assault and battery upon his person by the agents of the carrier, though such acts may be unauthorized by the carrier and prompted by vindictiveness on the part of the agent or servant.

By virtue of section 2880, General Statutes of 1906, a railroad conductor has no authority to sell a transportation ticket of any kind, and a ticket agent cannot confer such authority upon the conductor.

COUNSEL Cone & Chapman and W. H. Wilson, all of Lake City, and W. B. Cone, of Macclenny, for plaintiffs in error.

J. E Futch, of Starke, for defendant in error.

OPINION

HOCKER J.

The plaintiffs in error brought an action at law against the defendant in error in the circuit court of Columbia county. The declaration contains three counts, the substance of each of which seems to be as follows:

First count: The defendant railway company, on the 6th of August, 1912, owned, operated, and managed a line of railway as a common carrier of passengers for hire between Palatka, Putnam county, Fla., and the city of Macon, county of Bibb, state of Georgia; that several days prior to the date aforesaid it advertised, at all regular stopping places between Palatka and Macon to the general public, including plaintiff, a reduced rate of fare for an excursion on that date from Palatka to Atlanta and Macon, Ga.; that plaintiff on that date in good faith, with the intention of taking passage from Palatka to Atlanta and Macon, did enter defendant's premises at Palatka, prior to the departure of said excursion train, and demanded and requested of defendant's ticket agent a ticket, and did tender an offer to pay said agent the sum of $4.50, the sum required by defendant for round-trip transportation from Palatka, Fla., to Macon, Ga., and return; that said demand and tender were made a reasonable length of time prior to the scheduled departure of said train, and said ticket was denied the plaintiff at that time, there being many other passengers demanding tickets at the same time, the ticket agent representing that on account of the volume of business he could not furnish the ticket requested by the plaintiff, but that the conductor on said train had full power and authority to issue and furnish plaintiff, upon tender and payment of the sum of money aforesaid, said ticket, and plaintiff, relying on these statements, entered upon the train and became a passenger; that before the train left Palatka, and afterwards at all regular stopping places, including Hampton, Grandin, Sampson City, Lake Butler, and Lulu, Fla., plaintiff tendered to the conductor of said train the sum of $4.50, the amount required by the defendant for a return trip ticket from Palatka to Macon, Ga.; that the defendant by its agents did refuse plaintiff a ticket or other evidence of plaintiff's right to ride on said train, and the money was refused without just cause or excuse; that said defendant corporation through its servants, agents, and employés, acting within the scope of their authority exercised a wanton, reckless, and careless disregard of the safety and welfare of plaintiff, and at Lake City, its regular stopping place, did, by means of force, strength, and threats, push, shove, move, and strike and extract plaintiff from its cars against her will, and did refuse transportation to her from Palatka to Macon and return; that, in addition to the acts aforesaid, defendant by its agents and servants, acting within the scope of their authority and employment, did procure, enlist, and secure the services of the sheriff and deputies of Columbia county; Fla., with the chief of police of Lake City after the extraction and expulsion of the plaintiff as aforesaid, and did cause the sheriff and other officers aforesaid in Lake City aforesaid, while on the train aforesaid, to arrest the plaintiff without just excuse or reasonable or legal cause, and against her will, and to force plaintiff along the public roads, streets, alleys, and parks of Lake City, and did parade them before the people, citizens, and visitors of Lake City, to the courthouse of said city. Plaintiff further shows that in consequence of the premises plaintiff has been and still is greatly injured in feeling, credit, and reputation, and brought into public scandal and disgrace, did suffer mental anguish, pain, humiliation, disgrace, nervous strain and suffering in the sum of $1,950. Wherefore this plaintiff brings this suit, and claims $1,950 damages.

In the brief of plaintiff in error, the second count is treated as containing virtually the same cause of action as the first and like damages, viz., 'compensatory and punitive damages for removing the plaintiff from the train.'

The third count alleges the same facts as the first two, as to the plaintiff's becoming a passenger on this train of defendant, and adds substantially that, while plaintiff was a passenger on the cars of the defendant in Lake City, a station between Palatka and Macon, defendant, by means of its servants, agents, and employés acting within the scope of their employment, did cause the sheriff and his deputies of Columbia county and the chief of police of Lake City, upon the arrival of the train in said city, wantonly, falsely, maliciously, and negligently, without just and reasonable cause or legal excuse, to arrest the plaintiff for the purpose of injuring the feelings, credit, and reputation, causing her mental anguish, pain, and humiliation, and to bring plaintiff into public scandal and disgrace, and charged her with a certain crime, to wit, riding upon defendant's train without a ticket, wantonly and maliciously caused said officers to take plaintiff from the train and along the public streets, alleys, and parks of Lake City from the depot to the courthouse of Columbia county; that plaintiff was innocent of the violation of any law which was known to defendant, and there was no reasonable or probable cause why plaintiff should be arrested; that after plaintiff was 'extracted' from the train, defendant caused her to be carried by said officers to the courthouse of Columbia county, where plaintiff was accused by defendant of violating the laws of the state, and that plaintiff was not convicted of any crime, and was discharged. In consequence plaintiff was greatly injured in her feelings, credit, etc., brought into scandal and disgrace, etc., suffered great anxiety and pain of body and mind, etc., caused her to pay out $25 in defendant herself, hotel bills, railroad fare, medicine, medical attention, and other expenses, to the amount of $100, prevented her from taking her said journey, etc., whereby she sues for $1.950.

After omitting repetitions, we think the foregoing contains the substance of this count. A demurrer was filed to this declaration, made applicable to each count, containing 16 grounds. On a hearing the circuit judge sustained the demurrer on four grounds, and, the plaintiff declining to amend, a final judgment was entered in favor of the defendant.

The grounds of the demurrer which were sustained raise the question: First, that the plaintiff at the time she was expelled from the train was not a passenger, but a trespasser; second, that the expulsion of the plaintiff from the train was not only excusable, but proper and necessary; third, it is not shown that the conductor had any authority to issue a round-trip or excursion ticket from Palatka to Macon; fourth, the facts set forth in the declaration do not show a cause of action.

Section 2880, General Statutes of 1906, makes it illegal for the officers of a common carrier to supply tickets for sale to any person other than the regularly authorized ticket agent as provided for in the previous section, and makes it illegal for any person not possessed of such authority to sell barter, or transfer, for any consideration whatever, the whole or any part of any ticket, pass, or other evidence of transportation. There are certain provisos to ...